Deere

Defendant Ronald Lee Deere appeals from a judgment imposing the death penalty following his conviction of one count of first degree murder and two counts of second degree murder, accompanied by a finding of a multiple-murder special circumstance (Pen. Code, § 190.2, subd. (a)(3)). [1] We conclude that the convictions and special circumstance finding should be affirmed, but the judgment must be reversed as to penalty.

Defendant initially pleaded not guilty but later moved to withdraw his plea. The trial court appointed a psychiatrist to examine him; following such an examination and a report confirming defendant's competence, the court found defendant competent to plead guilty, to waive jury trial, and to cooperate with counsel in the event his plea was withdrawn. Accordingly, the court permitted defendant to withdraw his plea of not guilty, to waive his rights, and to plead guilty to each count and admit the special circumstance allegation. His counsel concurred in the change of plea. Based on the transcript of the preliminary hearing, the court then found defendant guilty of one count of first degree murder and two counts of second degree murder; based on…

Defendant Ronald Lee Deere appeals from a judgment imposing the death penalty following his conviction of one count of first degree murder and two counts of second degree murder, accompanied by a finding of a multiple-murder special circumstance (Pen. Code, § 190.2, subd. (a)(3)). 1 We conclude that the convictions and special circumstance finding should be affirmed, but the judgment must be reversed as to penalty.

*357 Defendant initially pleaded not guilty but later moved to withdraw his plea. The trial court appointed a psychiatrist to examine him; following such an examination and a report confirming defendant’s competence, the court found defendant competent to plead guilty, to waive jury trial, and to cooperate with counsel in the event his plea was withdrawn. Accordingly, the court permitted defendant to withdraw his plea of not guilty, to waive his rights, and to plead guilty to each count and admit the special circumstance allegation. His counsel concurred in the change of plea. Based on the transcript of the preliminary hearing, the court then found defendant guilty of one count of first degree murder and two counts of second degree murder; based on defendant’s…

I concur in the judgment affirming defendant’s conviction of first degree murder with special circumstances, and of second degree murder (two counts).

I respectfully dissent, however, to reversal of the penalty of death on the ground of trial counsel’s incompetence in failing to offer mitigating evidence at the penalty phase. Although the majority fails to specify what evidence was available, apparently it faults counsel for failing to explore the “good things” in defendant’s life. (Ante, p. 361.) In my view, counsel’s prolonged consideration of the matter, resulting in his ultimate determination, expressed on the record, to respect his client’s firm resolve to face his punishment without groveling for mercy, and without undergoing an awkward parade of defendant’s friends and relatives at the penalty trial, cannot be deemed unreasonable or incompetent representation. The majority’s contrary rule, requiring counsel to overrule his client and attempt to dredge up mitigating testimony despite the consequent loss of his client’s dignity, and the probable serious invasion of his privacy, approaches an unconstitutional infringement of defendant’s due process, privacy and…